The question in this grievance is whether or not management violates Article XIX of the National Agreement when it denies the request of an employee for leave without pay (LWOP) to recuperate from eye surgery. The employee has a service connected disability. Be feels that Executive Order No. 5396 requires the Postal Service to grant his request for LWOP. The Executive Order reads, in part, as follows:

With respect to medical treatment of disabled veterans who are employed in the Executive Civil Service of the U.S., it is hereby ordered that, upon the presentation of an official statement from duly constitute medical authority that medical treatment is required, such annual or sick leave as may be permitted by law and such leave without pay as may be necessary shall be granted...

In our opinion, local management has met the requirements of Executive Order No. 5396. The purpose of the Order is to assure disabled veterans LWOP to cover medical absences when annual or sick leave is insufficient. It does not lock ,management into granting LWOP upon demand by the veteran. The grievance, to the extent discussed above, is denied.

Document Type:  USPS Position Letter

APWU National Grievance Number:  S8C3PC33859

Craft:  Clerk

Tags: Handbooks and Manuals , ELM , LWOP , Veteran LWOP

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